vol. 34, no. 3

_ American

Civil Liberties

Union

SF

Volume XXXIV

SAN FRANCISCO, MARCH, 1969

Eight New Board Members

Howard H. Jewel

Elected ACLUNC

Board Chairman

Howard H. Jewel, Oakland attorney and board member

since 1965, has been elected chairman of the ACLUNC

Board of Directors. He succeeds Prof. Van Dusen Kennedy,

who, together with Mrs. Helen Salz, were elected Vice Chair-

men. Howard Friedman continues as Secretary-Treasurer.

Jewel graduated from the Uni-

versity of California Law School

in 1950. He served as Assistant

Public Defender in Alameda

county from 1950 to 1954, and

was engaged in the active prac-

tice of law in Oakland and San

Francisco from 1954 to 1958.

Civil Rights Section

In 1958, Jewell was Democratic

candidate for Congress in Solano

and Contra Costa counties, after

which he was appointed an As-

sistant California Attorney Gen-

eral and Chief of the Constitu-

tional Rights Section. Upon re-

signing from that post in October

1964 he again entered the private

practice of law in Oakland, this

time with the firm of Neyhart

Grodin.

Jewel has written articles for

the New York Times Magazine,

Liberal Democrat and the Cali-

fornia State Bar Journal.

Eight Vacancies

Eight vacancies were filled in

recent board elections. Incident-

ally, the board consists of 30 at-

large members and one person

elected by members in each of the

eleven chapter areas. Ralph At-

kinson, Dr. Alvin I. Fine, Mrs.

Zora Cheever Gross and Rich-

ard Werthimer, having served

two consecutive three-year terms,

were ineligible for re-election.

Dr. Hamilton Boswell and Dr.

Martin Mills, who were serving

one-year unexpired terms, were

elected to three-year terms. Six

members of the board who have

served three-year terms were re-

elected to new three-year terms.

They are: Prof. Albert M.

Bendich, Prof. John Edwards,

Evelio Grillo, Howard Jewel,

Ephraim Margolin and Emily

Skolnick.

Former board members were

elected to fill three of the eight

vacancies. They were: Dr. Alfred

Azevedo, Principal of the Pacific

Heights Adult School in San

Francisco; John R. May, Execu-

tive Director of The San Fran-

cisco Foundation; and Don Vial,

head of the Industrial Relations

Institute at the University of

California. :

Five New Members

The remaining five new mem-

bers of the board are Mrs. La

Verda O. Allen of Berkeley;

Jerome B. Falk, Jr., San Fran-

cisco attorney; Prof. Mare Frank-

lin of Stanford Law School; Dan

L. Loeb, attorney for the San

Francisco Neighborhood Legal

Assistance Foundation; and,

Prof. John Searle of the U.C.

Berkeley Philosophy department.

To the extent that biographical

information has been received

_ from the new board members it

is presented herewith:

_ Mrs, La Verda Allen

Mrs. La Verda O. Allen of

Berkeley is a graduate of San

Francisco State College. In ad-

dition to doing considerable

graduate work, she has been as-

sociated with the Coro Founda-

tion, participated in a field

HOWARD H. JEWeLL

course in California politics,

sponsored by the Citizenship

Clearing House, and attended a

summer institute on the Cul-

ture of Poverty.

Since 1967 Mrs, Allen has been

associated with Laney College

providing community and inter-

group services. Previously, she

was associated with the San

Francisco Bay Girl Scout Coun-

cil, Oakland, 1964-67; and, before

that she taught school for four

years. She has also served as a

recreation director.

Mrs. Allen is presently a mem-

ber of board of directors of the

Berkeley-Albany Chapter ACLU-

NC, a member of the Alameda

County Grand Jury and Chair-

woman of the East Bay Round-

table on Human Relations. She

is a member of the Berkeley

NAACP board and serves on var-

ious other bodies. She is married

and has three children.

Al. Azevedo

Dr. Alfred J. Azevedo has been

principal of the Pacific Heights

Adult School since 1955. He re-

sides in Marin County. He re-

ceived his A.B. from San Jose

-Continued on Page 2

DR. ALBERT J. AZEVEDO

Former members rejoin branch board

Right to

Vote Case

Turned Down

An ACLUNC petition on _be-

half of Jerome and Karen Fish-

kin requesting an order requir-

ing the Contra Costa County

Clerk to recognize them as regis-

tered voters has been turned

down by the Contra Costa Su-

perior Court.

The Fishkins had voted in the

November general election at an

address in Martinez. They moved

to another address in Martinez

and re-registered to vote on Jan-

uary 13. On that same day Gov-

ernor Reagan called a _ special

election for March 25 to fill the

State Senate seat left vacant by

the death of Senator George Mil-

ler, Jr. Since the election will -

occur on March 25 the primary

had to occur, by law, on Febru-

ary 25. But February 25 is less

than 54 days after January 13

and the law requires that one

must be registered to vote 54

days before an election.

Volunteer attorney Demetrios

Agretelis argued that the Fish-

kins had to be permitted to vote

in the February 25 election be-

cause they could not constitu-

tionally be disenfranchised by

the calling of an election for a

period of less than 54 days from

its announcement.

Because of the imminence of

the election the adverse decision

of the Superior Court could not:

be appealed.

Shocking 0x00A7 Sentence

Fifteen Years

For Pvt. Sood

In `Mutiny Case

"Military courts are to justice as military bands are to

music," a remark once made by Georges Clemenceau, was

quoted by Staff Counsel Paul Halvonik in response to re-

porters' questions about his reaction to the Presidio court-

martial verdiet finding Private Nesrey Sood guilty of mutiny

and sentencing him to fifteen

years' hard labor, forfeiture of

all pay and allowances and a dis-

honorable discharge for partici-

pating in a non violent demon-

sae at the Presidio Stock-

ade.

Another

Teacher

Case Won

For the sixth time in three

months, ACLUNC has perstiaded

the State Board of Education's

Committee on Credentials to

drop revocation proceedings

against a teacher arrested dur-

ing a demonstration.

Mrs. Sarah Crome of San Fran-

cisco was informed, after an in-

formal hearing at which she was

represented by Asst. Staff Coun-

cel Charles Marson, that no fur-

ther proceedings would be taken

against her.

Three similar cases will be

heard shortly. Marson reports

that the Committee seems to be

as bored with these proceedings

as he is.

Pictures of Nudes -

Two Sue Eastman Kodak

In Censorship Issue

A suit was filed in the U.S. District Court last month

challenging the practice of Eastman Kodak Co. in refusing

to process and then withholding film which it regards as

being "obscene." In so doing it provides the photographer

with the following notice:

"This order was found to con-

tain pictures that cannot legally

be delivered to you in person,

or to any person representing

you, or by any means of trans-

portation. Please give us permis-

sion to destroy them by signing

and returning this notice to-the

address below. If permission is

not received from you, they will

be held for two years, then de-

stroyed."

ACLU Case

The suit was filed by Frank

Esposito, a "hobby" photograph-

`er of 3360 Market Street, San

Francisco, and Jerry Abrams, a

Berkeley professional photog-

JOHN R. MAY

rapher. It is being handled by

the ACLUNC through attorney

Ephraim Margolin of San Fran-

cisco.

The suit also seeks to prevent

the company from turning the

fiim over to the police. The prac-

tice has been for the company

to turn film over to police for

investigation as to violations of

criminal law if persons complain

of "censorship." :

First Amendment Issues

Both seizing and turning over

the film, the suit says, violate

the photographers' rights under

the First and Fourteenth Amend-

ments to the U. S. Constitution.

It asks the court to restrain Ko-

dak and to return the processed

film. No one knows what yard-

stick Kodak uses in determining

that something is obscene.

Margolin declared, "What is

on the film is totally irrelevant,

though I will say it is not hard-

core pornography." But, he said,

"before there can be any censor-

ship there must be a hearing and

they must determine what the

person wants to do with the

film."

Pictures of Nudes

Following the filing of the

suit, the ACLU received another

complaint of the withholding of

film by Eastman Kodak. The

photographer said that the pic-

tures were taken at a "nudist

beach" in southern California

patronized by families. He

claimed that the pictures are "of

a wholesome nature," although

they do show nudes. His recol-

lection is that they show the

pubic area of men and women.

Killing of Bunch

The demonstration occurred

on October 14, 1968. On Octo-

ber 11, 1968, Private Richard

Bunch had been shot dead while

allegedly attempting to escape

from a prisoner work-detail at

the Presidio. The demonstra-

tion was to protest the killing

of Bunch and the abominable

conditions in the Stockade.

Shot-Gun Work Details -

Among the grievances the pro-

testors had attempted to present

to Stockade Commander Cap--

tain Robert S. Lamont was one

calling for an end to shotgun

work details. The details con-

sist of four or less prisoners ac-

companied by a guard armed

with a shotgun who stands he-

hind them at a distance of six

to ten paces. The prisoners, who

maintain thatthe guards often

point the guns at them, have

long been fearful that a shot-

gun would go off. When Bunch

was killed the worst of their

fears was realized; one of their

number had actually been killed,

a prisoner who, like 90 to 95

per cent of the Stockade inmates,

was incarcerated for nothing

more dangerous than being ab-

sent without leave. The prison-

ers' fears were not assuaged

when the Army announced on

the same day as the killing

that the matter had been investi-

gated and the killing found just-

ified, All prior complaints by

the prisoners about the guards

seemed to be disposed of in

the same speedy manner.

Appalling Steckade Conditions

Besides fear of the guards the

prisoners were also disturbed

about the appalling conditions

in the Stockade. On the day of

the demonstration there were

140 prisoners in the Stockade

in space allotted for 88 and

rations were low, rations for 115

being drawn for the 140, The

sanitary facilities were woeful-

ly inadequate, excrement oc-

tasionally flowed from the la-

trines into the showers. Addi-

tionally, the prisoners were com-

pletely isolated, friends were

not permitted to visit them, im-

mediate relatives were restrict-

ed to visiting during a two-hour

period on Sundays and requests

to talk to the press were rou-

tinely denied.

Peaceful Demonstration

The demonstration began dur-

ing sick call_on the Monday

morning following the Friday

when Bunch was killed. When

the first name was called, twen-

ty-seven prisoners broke from

the formation and walked to a

grassy area south of the forma-

tion where they sang "We Shall

Overcome" and called for vari-

ous persons including Captain

Lamont, When Lamont did ar-

rive the demonstrators stopped

singing and one of them arose

to read a list of grievances. La-

mont, however, refused to listen

to the list and began reading the

Mutiny Act. In response the

prisoners began to sing again;

they did not stop singing until

the military police escorted them

back to the Stockade barracks.

The Crime of Mutiny

The "mutiny" is supposed to

have occurred when the prison- -

ers refused to obey Lamont's

order that they return to the

barracks. Lamont gave the order

-Continued on Page 4

Chapter Director's Report

Chapter Activity in

Northern California

The eleven ACLUNC chapters

and the two councils (chapters-

in-formation) investigate and

take action on the local level

whenever there is an infringe-

ment of civil liberties inconsist-

ent with Branch policy. The fol-

lowing is an incomplete list, but

will give some idea of the kinds

of actions the chapters take.

Sonoma

The Sonoma chapter sent a let-

ter to each member of the Board

of Directors of the Sonoma Coun-

ty Fair Association, enclosing the

appropriate section of the ACLU-

NC publication, Guidelines for

the exercise of First Amend-

ment rights, asking that they use

these constitutional principles in

formulating a policy fur the pub-

lic use of the grounds. The chap-

ter also took a strong line against

a local High School which sent

a letter to some parents inform-

ing them of a rumor that their

child was using marijuana. The

speakers committee of the chap-

ter is investigating the possi-

bilities of offering extension or

evening college courses in civil

liberties for credit.

Marin

The Marin chapter confirmed

that the contingent of police

from several municipalities in

their county sent to San Fran-

cisco State College had been told

to remove their badges and iden-

tification before going onto the

campus. As a result of talks with

local authorities, it was con-

firmed that in the future police-

men participating in the Mutual

Aid Program will be instructed

to wear appropriate identifica-

tion. Following this, letters will

be sent to all municipalities in

Marin discussing the issues in-

volved and urging them to fol-

low suit. A gratifying example

of the results of alert participa-

tion in community affairs is

found in the statement made by

the Marin County Counsel about

a proposed regulation requiring

welfare recipients to have their

photographs taken as a possible

criterion of welfare; "Our pro-

gram is scrutinized closely by the

ACLU, and if they should sue

the County on this point I don't

think I could sustain our case

in court."

Santa Clara

The Santa Clara chapter has

just opened an office, at 233 N.

ist Street, San Jose, (telephone

408-293-2584). It is hoped the of-

fice will stimulate memberships

and provide a place where in-

terested persons can stop by to

find out about civil liberties is-

sues, bring cases and problems.

The Chapter held its annual

meeting and office-warming gath-

ering on February 23, Approxi-

mately 100 persons attended de-

spite the rainy weather. .

Berkeley-Albany

The BerkeleyAlbany chapter,

which sponsored a successful Or-

ientation Day for ACLU volun-

teers on January 25th, is investi-

gating conditions on the Univer-

sity of California campus at

Berkeley, including the consti-

tutionality of the declared State

of Extreme Emergency, the avail-

ability of medical attention, phy-

sical force used by the police,

the use of bail as punishment,

and the appointment of counsel

for the arrestees-Carol Wein-

traub, chapter director.

Police Critic

Found Not Guilty

The Municipal Court for the

Mount Diablo Judicial District,

in the case of People v. Jacob-

sen, has found the defendant not

guilty of disturbing the peace by

the use of "profane language

within the presence of women."

The allegedly profane language

of Mr. Jacobsen was some of

Eldridge Cleaver's. earthy re-

marks about police brutality

which Jacobsen quoted to a po-

liceman. The case was submitted

on the police report and the

judge found that an element of

the crime of disturbing the

peace, that the profane language

be "loud and boisterous,' was

missing from the report. Jacob-

sen was represented by volun-

teer attorney John Diaz Coker

of Pittsburg.

New Issue of

ACLU Brochure

The cartoon on this page

brings to mind the irony of an

attitude we encounter all too

often. It was drawn by Jerry

Tucker, the representative to the

Branch Board of Directors from

the Sonoma County Chapter.

More of Mr. Tucker's drawings

will be seen on the pages of the

revised edition of "21 Questions

and Answers About the ACLU-

NC," to be available in March.

ACLU NEWS

MARCH, 1969

Supreme Court

To Hear Two

ACLUNC Cases

The Supreme Court, acting on

two petitions for habeas corpus,

has issued orders requiring the

state to show cause why the peti-

tions should not be granted.

When the Court issues such or-

ders it almost invariably hears

and decides the questions raised

in the petitions.

Paying for Appointed Counsel

One of the petitioners is Jen-

nifer Grey Allen, who is chal-

`lenging a condition placed on

her probation after a conviction

in the San Mateo Superior Court.

The condition is that she pay for

the services of her court-ap-

pointed attorney. The attorney.

was appointed after the Superior

Court found that she was an in-

digent entitled to court-appoint-

ed counsel.

ACLU Position

The habeas corpus petition on

her behalf, prepared by former

staff counsel Marshall Krause

and staff counsel Paul Halvonik,

maintains that the condition vio-

lates the Sixth Amendment's

guarantee of the right to counsel

for indigents, violates the equal

- protection of the laws guarantee

of the Fourteenth Amendment

and violates the due process

guarantees of the Fourteenth

Amendment in that it is a pun-

ishment imposed without guide-

lines or standards. The petition

further argues that the Superior

Court action is in conflict with

statutory law.

Resisting Arrest

The other petitioner is Cleo-

phas Tobe Brown of Richmond

who, by his volunteer ACLUNC

counsel, Tom Silk, has asked the

court to vacate his resisting ar-

rest conviction. The Brown peti-

tion maintains that his convic-

tion is unconstitutional because

the Municipal Court refused to

instruct the jury on his theory

of the case :

Unprovoked Beating

The resistance to arrest was

supposed to have occurred when

Brown, who had been stopped

H. H. Jewell

Elected ACLUNC

Board Chairman

Continued from Page 1-

State in '36 his M.A. from U.C.

in 1950 and his Ed.D. from the

Univ. of California in 1951.

Dr. Azevedo taught in the Oak-

land Public Schools from 1937 to

1939 and was Supervisor of Rec-

reation for the city of Oakland

in 1940. In 1941 he was connect-

ed with the Wartime Civilian

Control Administration before

being drafted in 1942. In the

Army he served as an informa-

tion and education officer and

an instructor at the Army In-

formation School, Carlisle. At

the end of his service he held

the rank of Captain.

After his discharge he became

associated with the National In-

stitute of Social Relations in

their Syracuse office before be-

coming g teacher in the San

Francisco Adult Division in 1950.

Dr. Azevedo's wife is a mem-

ber of the Marin County Plan-

ning Commission. They have two

children who are high school

students.

Mare A, Franklin

Prof. Mare A. Franklin has

taught at Stanford Law School

since 1962. He is presently on

leave as a Fellow at the Center

for Advanced Study in the Be-

havioral Sciences. His primary

teaching and research areas have

been in Torts and in teaching

about law to undergraduates.

Prof. Franklin, 37, holds an

A.B, from Cornell University and

an LL.B from Cornell Law

School, where he was Editor-in-

Chief of the Cornell Law Quar-

terly. He practiced law in New

York City 1956-57, served as law

clerk to Judge Carroll C. Hincks

-of the United States Court of

Appeals, Second Circuit, 1957-58,

and was law clerk to Chief Jus-

tice Earl Warren in 1958-59. Be-

fore going to Stanford he taught

at the Columbia University

School of Law 1959-62, - a

He has published many law re-

view articles besides two books,

both published in 1968. One book

is entitled "Dynamics of Ameri-

can Law: Courts, the Legal Proc-

ess and Freedom of Expressidn."

The other is entitled "Biography

of a Legal Dispute."

John R. May

John R. May received his A.B.

degree from Stanford in 1931.

He was in business prior to

World War II. In between a

stretch as a naval officer he

served with the Western Region-

al Office, Office of Price Ad-

ministration. He has been. Ex-

ecutive Director of The San

Francisco Foundation since its

establishment, May 1, 1948.

May is a director of the United

Crusade, Bay Area Social Plan-

ning Council, S.F. Development

Fund, S.F. Planning and Urban

Renewal Association and the

Council on Foundations, Inc. He

is former director and president,

International Institute of San

Francisco and of the local wel-

fare planning council. He is ac-

tive in various other charities.

Nominating Committee

This year's Nominating Com-

mittee was composed of two

board members, Gerald Marcus,

chairman and Mrs. Zora Cheever

Gross, The three non-board mem-

bers were attorney Henry Elson

of Berkeley; Albert Haas of San

Francisco and Gerald Rubin of

Corte Madera.

for a minor traffic law infringe-

meut, refused to get into a police

ear unless an officer other than

the one arresting him was called

to accompany them. Brown

wanted another officer to join

them because, according to his

testimony and that of other wit-

nesses, he had been the victim

of an unprovoked beating by the

arresting officer and was con-

sequently afraid of being alone

with the officer. The trial court

judge refused to instruct the

jury that such a fear was a valid

ground for declining to enter

the police car alone with the ar-

resting officer.

ACLU Policy Statement

Discrimination in

Private Organizations

At a recent meeting of the national Board of Directors,

the following statement was adopted concerning discrimina-

tion in private organizations:

1. Discrimination on the basis of race, color, or national

origin* in. private organizations is (or should be) prohibited

by the law when these organiza-

tions are entrusted with and ex-

ercise quasi-official functions

which enable them to establish

standards of vocational, profes-

sional character, or to partici-

pate in the determination of

rights to perform vocational or

professional functions, or the

eligibility of persons participat-

ing in recreational and cultural |

activities of public importance;

i.e. AMA, New York Bar Asso-

ciation, South Carolina Real

Estate Board, National League

of Sports Writers.

2. No organization should re-

ceive public funds, preferential

tax treatment, or any other gov-

ernmental assistance, financial

or otherwise, where it discrimi-

nates in membership or partici-

pation against anyone on the.

basis of race, color or national

origin,* and the ACLU should

take legal and legislative steps

to affect this purpose.

3. Discrimination in private

recreational, cultural or service

organizations on the basis of

race, color or national origin is

presumptively undesirable; but .

ACLU will continue to oppose,

as undesirable and indefensible,

state interference with the right

of free association, governmental

regulation of membership and

retention policies of purely pri-

vate organizations which are not

entrusted with and do not exer-

cise official or quasi-official

functions and which do not re-

ceive public funds, preferential

tax treatment, or any other gov-

ernment assistance, financial or

otherwise.

Re Oe ACLUN_1946 ACLUN_1946.MODS ACLUN_1947 ACLUN_1947.MODS ACLUN_1948 ACLUN_1948.MODS ACLUN_1949 ACLUN_1949.MODS ACLUN_1950 ACLUN_1950.MODS ACLUN_1951 ACLUN_1951.MODS ACLUN_1952 ACLUN_1952.MODS ACLUN_1953 ACLUN_1953.MODS ACLUN_1954 ACLUN_1954.MODS ACLUN_1955 ACLUN_1955.MODS ACLUN_1956 ACLUN_1956.MODS ACLUN_1957 ACLUN_1957.MODS ACLUN_1958 ACLUN_1958.MODS ACLUN_1959 ACLUN_1959.MODS ACLUN_1960 ACLUN_1960.MODS ACLUN_1961 ACLUN_1961.MODS ACLUN_1962 ACLUN_1962.MODS ACLUN_1963 ACLUN_1963.MODS ACLUN_1964 ACLUN_1964.MODS ACLUN_1965 ACLUN_1965.MODS ACLUN_1966 ACLUN_1966.MODS ACLUN_1966.batch ACLUN_1967 ACLUN_1967.MODS ACLUN_1967.batch ACLUN_1968 ACLUN_1968.MODS ACLUN_1969 ACLUN_1969.MODS ACLUN_1969.batch ACLUN_1970 ACLUN_1970.MODS ACLUN_1971 ACLUN_1971.MODS ACLUN_1972 ACLUN_1972.MODS ACLUN_1973 ACLUN_1973.MODS ACLUN_1974 ACLUN_1974.MODS ACLUN_1975 ACLUN_1975.MODS ACLUN_1976 ACLUN_1976.MODS ACLUN_1977 ACLUN_1977.MODS ACLUN_1978 ACLUN_1978.MODS ACLUN_1979 ACLUN_1979.MODS ACLUN_1980 ACLUN_1980.MODS ACLUN_1981 ACLUN_1981.MODS ACLUN_1982 ACLUN_1982.MODS ACLUN_1983 ACLUN_1983.MODS ACLUN_1984 ACLUN_1984.MODS ACLUN_1985 ACLUN_1985.MODS ACLUN_1986 ACLUN_1986.MODS ACLUN_1987 ACLUN_1987.MODS ACLUN_1988 ACLUN_1988.MODS ACLUN_1989 ACLUN_1989.MODS ACLUN_1990 ACLUN_1990.MODS ACLUN_1991 ACLUN_1991.MODS ACLUN_1992 ACLUN_1992.MODS ACLUN_1993 ACLUN_1993.MODS ACLUN_1994 ACLUN_1994.MODS ACLUN_1995 ACLUN_1995.MODS ACLUN_1996 ACLUN_1996.MODS ACLUN_1997 ACLUN_1997.MODS ACLUN_1998 ACLUN_1998.MODS ACLUN_1999 ACLUN_1999.MODS ACLUN_ladd ACLUN_ladd.MODS ACLUN_ladd.bags ACLUN_ladd.batch add-tei.sh create-bags.sh create-manuscript-bags.sh create-manuscript-batch.sh fits.log

"The absence of words "creed,

religion and sex" do not mean

that the ACLU accepts discrimi-

nation on these grounds, but

these categories are being re-

served until they are studied by

various ACLU committees.

School Students'

Symbolic Free

Speech Upheld

In a landmark case, by a 7-2

vote, and over the bitter opposi-

tion of Justice Hugo L. Black,

the U.S. Supreme Court late last

month upheld the right of sym-

bolic free speech of three Des

Moines high school students. The

students had been disciplined for

wearing black armbands to ex-

press their opposition to the Viet-

nam war. There was no disrup-

tion of school activities nor in-

trusion into the rights of other

students.

"It can hardly be argued,"

Justice Abe Fortas is quoted as

saying, "that either students or

teachers shed their constitutional

right to freedom of speech or

expression at the schoolhouse

gate."

Justice Fortas also declared

that "Students in school as well

as out of school are `persons'

under the Constitution, They are

possessed of fundamental rights

which the state must respect,

just as they themselves must

respect their obligations to the

state."

If the students' action caused

disorder or disturbances, or if

there was a "collision with the

rights of other students to be

secure and to be let alone,"

school. officials could have im-

posed controls.

When the full opinion becomes

available, the NEWS will carry

a further account of this historic

decision.

VICE-CHAIRMAN:

Mrs. La Verda O. Allen

Albert M. Bendich

Leo Borregard

Rev. Hamilton Boswell

Price M. Cobbs, M.D.

Prof. John Edwards

Jerome B. Falk, Jr.

Prof. Marc Franklin

Robert Greensfelder

Rev. Aron S. Gilmartin

Evelic Grillo

_Prancis Heisler

Neil F. Horton

Dan L. Loeb

Gerald D. Marcus

Ephraim Margolin

Honorary Treasurer:

Joseph S. Thompson

Honorary Board Member:

Sara Bard Field

Mes. Gladys Brown

Mrs. Paul Couture

Mrs. Margaret C. Hayes

Prof. Carlo Lastrucei

John J. Eagan

Joseph Eichler

Dr. H. H. Fisher

Board of Directors of the American Civil Liberties Union

: of Northern California

CHAIRMAN: Howard H. Jewel

Prof. Van D. Kennedy

Helen Saiz

SEC`Y-TREAS.: Howard A. Friedman

EXECUTIVE DIRECTOR: Ernest Besig

GENERAL COUNSEL: Wayne M. Collins

STAFF COUNSEL: Paul N. Halvonik

ASS'T STAFF COUNSEL and LEGIS. REP.: Charles C. Marson

ADMINISTRATIVE ASSISTANT: Mrs. Pamela S. Ford

CHAPTER DIRECTOR: Carol R. Weintraub

Committee of Sponsors

Mes, Paul Holmer

Mrs. Mary Hutchinson Prof. Wallace Stegner

Prof. Wilson Record

Prof. Ernest Hilgard Dr. Norman Reider

Dr. John Marquis

John R. May

Martin Mills, M.D.

Robert L. Nolan, M.D. -

Richard Patsey

Mes, Esther Pike

Henry J. Rodriquez

Eugene N. Rosenberg

Mrs. Muriel Roy `

John Brisbin Rutherford

Prof. John Searle

Warren H. Saltzman

Mrs. Alec Skolnick

Stanley D. Stevens

Jerry Tucker

Justin Vanderlaan

Joe J. Yasaki

Dr. Marvin J. Naman

Mes. Theodosia Stewart

Re, Rev. Sumner Walters

Richard Johnston

Roger Kent

Mes. Ruth Kingman

Prof. Theodore Kreps

Seaton W. Manning

Rev. Robert W. Moon

Clarence E. Rust

Prof, Hubert Phillips

Norman Lezin

EEA FA BD SL Is SST I Ce

_=_=___-

AMERICAN CIVIL LIBERTIES UNION NEWS

Published by the American Civil Liberties Union of Northern California

Second Class Mail privileges authorized at San Francisco, California

ERNEST BESIG .. . Editor

503 Market Street, San Francisco, California 94105, 433-2750

Subcription Rates - Two Dollars and Fifty Cents a Year

Twenty-Five Cents Per Copy of

ACLU `Loyalty' Issue

SEEK POSTHUMOUS

REINSTATEMENT OF

ELIZABETH G. FLYNN

Dr. Corliss Lamont of New York, a former member of

the national board of the ACLU, has petitioned that body

"to rescind the 1940 expulsion of the late Elizabeth Gurley

Flynn from the Board and to reinstate her posthumously -

for the duration of her elected term."

Communist Issue

Following a hearing, Miss

Flynn was ousted from the Board

by a one-vote margin for being

a member of the Communist

Party. Dr. Lamont alleges that

"The transcript (of the hearing)

shows conclusively that the pro-

ceedings against her were un-

fair, contrary to due process of |

law and violative of the basic

principles of the Civil Liberties

Union.

" The reinstatement of Miss |

Flynn at this time,' says Dr.

Lamont, "would be _ especially

fitting because in 1968 the ACLU

repealed its purge Resolution of

1940 that barred as officers and

staff members all persons be-

longing to the Communist Party.

It was on the basis of that Reso-

lution that Miss Flynn was ex-

pelled as a Director."

Southern Calif. Support

George Slaff, President of the

ACLU of Southern California,

recently called for reinstatement

of Miss Flynn in the December

1968, issue of the Open Forum,

official organ of the Southern

California branch. Said Mr. Slaff:

"The Catholic Church re-

versed the trial of Joan of

Are and canonized her. A Gov-

ernor of California granted a

full pardon to Tom Mooney.

Every decent unprejudiced

human being who has studied

the Sacco-Vanzetti case has re-

versed their conviction and

"Witnesses' N ot

To Appeal Denial

Of Citizenship

Last month, in an unprece-

dented decision, two members

of Jehovah's Witnesses were

denied citizenship by U.S. Dis-

trict Court Judge Thomas J.

MacBride of Sacramento. They

were Mrs. Haesoon Kook Matz,

35, of Sacramento, and Mrs.

Renate Marie Louise Nikola, 25,

of Meadow Vista, Placer County.

Lack of Attachment :

The court held that "a person

who because of religious train-

ing and belief, refuses to vote,

serve on juries or otherwise par-

ticipate in government, is not at-

tached to the principles of the

Constitution .. . in the sense in-

tended by Congress."

Both Mrs. Matz and Mrs, Niko-

la have indicated that they will

not appeal the court's decision.

Mrs. Matz's husband is quoted

as saying, "A lot of people have

been calling me saying we should

appeal it. Since it took us three

' years to see our hope denied,

the time seems endless to have

to go through all that again.

Army Veteran

"We've lived here for the last

12 years happy and contented.

We are just going to keep on

being good citizens as we were

in the past."

Mr. Matz is also quoted as

saying, "I thought I spent 11

years fighting in the Army for

freedom of worship and this has

to happen."

Matz met his wife in Korea

during the war; they have three

children. He operates Pioneer

Roofing Co, in West Sacramento.

Said Matz, "We pay taxes. We

never commit any crimes. If

everyone was a Jehovah's Wit-

hess we wouldn't need a police

force. ... As far as I know, no-

where in the Constitution does

it say that an American citizen

has to vote. We're willing to

vote on issues."

The ACLU has offered to han-

die appeals in the cases, but

thus far its offer has not been

accepted.

sentence. The trials of the

Salem `witches' who were

crushed under mounds of stone

or hanged at the gallows have

been reversed by history.

"It would seem appropriate

_ that today, after reading the

transcript of the `trial' of Eliz-

abeth Gurley Flynn, the pres-

ent National Board of Direc-

tors of the American Civil

Liberties Union should reverse

the action taken in 1940, which

expelled Miss Flynn from the

Board, and should, posthum-

ously, declare that she should

have remained a member of

the Board until the expiration

of the term she was serving."

Admission of Error

Dr. Lamont said he urged the

reinstatement of Miss Flynn "not

merely to vindicate her, but also

because an honest admission of

error would redound greatly to

the credit of the Civil Liberties

Union. An organization can only

be strengthened by making a

principled correction of the his-

toric record for which it is re-

sponsible. Civil liberties organ-

izations must have the courage to

critically re-examine their past

in order to prevent the repeti-

tion of mistakes, and the better

to cope with the continuing

preg to the Bill of Rights to-

ay."

At this writing, the matter has

not yet been considered by the

national board of directors.

File a $25,000

Claim for

Jail Haircut

As the San Francisco Exam-

iner put it, Russell Beebe's shoul-

der length hair is gone but his

injured feelings aren't.

Beebe, a 27 year old Miramar

man spent 10 days in the San

Mateo County jail last December

for driving with a suspended li-

cense. While he was there, he

told the ACLU, deputies ordered

a trusty to cut his long hair

against his wishes.

The ACLU filed a $25,000

claim with the Board of Super-

visors,.

Sheriff Eugene Stewart said he

would make a full investigation.

"We do not condone such action

by jailers,'" he was quoted as

saying.

Supreme Court

Declines to Hear

`Nuisance' Case

The Supreme Court of Cali-

fornia has denied a petition re-

questing it to review and re-

verse a Court of Appeal decision

upholding against constitutional

attack the application of Cali-

fornia's public nuisance law to

_ persons accused of "obstructing

the customary free passage" of

a street or park.

The Court of Appeal decision

had reversed a San Francisco

Superior Court ruling that the

public nuisance law was meant

to apply to inanimate objects

and that persons could not be

nuisances, | : :

The Supreme Court's action

removes all bars to the prosecu-

tion of Duncan Pain for being a

pubiic nuisance; the District At-

torney is now free to prosecute

Pain if he wishes to do so, Pain

is represented by Paul Halvonik

and volunteer attorney Ephraim

Margolin, -

Appellate

Victory in

Haircut Case

The California Court of Ap-

peal has held that a school reg-

ulation prohibiting "extreme"

haircut fashions is unconstitu-

tionally vague.

The Court of Appeal upheld a

ruling by Humboldt County Su-

perior Court Judge William Wat-

son, Jr., requiring Arcata High

School to admit a student, Gre-

gor Myers, whose hair was worn

at a length considered extreme

by school authorities.

Symbolic Expression

The Myers decision adopts

the constitutional theory ad-

vanced by Myers' appellate at-

torney Jerome B. Falk, Jr., and

Staff Counsel Paul MHalvonik,

who argued the case as a friend

of the court, that hair fashion is

symbolic expression protected

by the constitution. In so doing,

the Court quoted the late U, S.

Supreme Court Justice Robert

Jackson's observation that "A

person gets from a symbol the

meaning he puts into it, and

what is one man's comfort and

inspiration is another's jest and

scorn."

Vague Criteria

The Court declined, however,

to disagree with a decision by a

Los Angeles district of the

Court of Appeal holding that

students are not entitled to full

constitutional protection in exer-

cising their right of symbolic ex-

pression. Instead, the Myers de-

cision holds only that hair fash-

ion may not be regulated by

vague criteria which gives in-

sufficient notice of what it is

that is proscribed and _ gives

school officials arbitrary en-

forcement powers.

Bewhiskered

P. O. Employees

Reinstated

Postal employees in Concord,

Calif. wearing well-trimmed

beards and mustaches were sus-

pended from their jobs last

month by Postmaster Joseph

F. DeRosa. DeRosa ordered all

employees to be clean shaven by

February 10 or be sent home.

"I'm getting rid of these beards

and mustaches once and for all,"

he was quoted as saying.

A supervisor who requested

that the orders be placed in writ-

ing was given an official warn-

ing called "verbal counseling."

An official grievance was filed

by both the Clerks' and Carriers'

unions. The ACLU presented its

complaint to the Regional Office

in San Francisco.

The present regulation pro

vides that "Hair-and beards and

mustaches, if worn-must be

kept neatly trimmed and clean."

The ACLU argued there was

nothing in the regulation which

required postal employees to be

clean shaven.

The suspended workers were

promptly returned to their jobs

without having to shave off their

beards and mustaches.

College of San

Mateo Speech

Regs Withdrawn

In response to campus disturb-

ances in December, the College

of San Mateo passed emergency

regulations which prohibited, un-

til further notice, all rallies, all

outside speakers, and any "in-

flammatory" speech. ACLUNC

objected to these regulations on

the grounds that they prohibited

all types of constitutionally pro-

tected speech, were without time

limits, and went far beyond per-

missible regulation of the time,

place and manner of First

Amendment conduct, :

After negotiations among ACL-

UNC representatives, the San

Mateo District Attorney's office,

and the College, the regulations

were withdrawn as the new se-

mester began on February 3rd.

Exclusion of Jurors

Seek To Vacate

Death Sentences

In Three Cases

Briefs urging the vacating of the death sentence for

three condemned men have been filed in the State Supreme

Court.

The three, Edward Louis Arguello, Joshua Hill and James

William Saunders, are represented by attorneys participating

in the ACLUNC-NAACP/LDF at-

tack on California's capital pun-

ishment law. Their cases came

before the Supreme Court by

way of writs of habeas corpus

raising issues identical to those

raised in the Anderson and Sat-

erfield cases which were the

lead ACLUNC-NAACP/ LDF

cases testing the validity of the

death penalty.

Scrupled Jurors

In Anderson and Saterfield,

the State Supreme Court, in a

4-3 decision, upheld the constitu-

tionality of the death penalty;

however, the death sentences of

Anderson and Saterfield were.

vacated because the procedure for

excluding jurors opposed to the

death penalty from the penalty-

imposing jury was held uncon-

stitutional, The Arguello, Hill

and Saunders briefs maintain

that the exclusion of jurors with

scruples against the death pen-

alty was as unconstitutional as

the identical procedures used in

Anderson and Saterfield.

The State Supreme Court has

stayed the executions of Ar-

guello, Hill and Saunders pend-

ing a decision in their case. Hill

is represented by Staff Counsel

Paul Halvonik; Arguello by Hal-

vonik and cooperating attorney

Gary D. Berger; Saunders by co-

operating attorneys Michael Ball-

achey and John Bartko.

In a related federal action,

Federal District Court Judge Al-

fonso Zirpoli has stayed the ex-

ecution of condemned Glenn Mo-

desto. The stay was issued on

the basis of argument presented

by Modesto's counsel, cooperat-

ing attorney, Jerome B. Falk.

Falk noted that two constitution-

al issues raised by Modesto and

in all ACLUNC-NAACP/LDF

cases will be considered by the

United States Supreme Court

this term. Those issues are that

the death penalty is cruel and

unusual punishment and that the

death penalty may not be im-

posed, as it is in California, by

Oppose Punishing

Use and Possession

Of Marijuana

The-Board of Directors of the

ACLUNC last month voted to op-

pose criminal punishment for the

use and possession of marijuana.

The vote was 18 to 6, with 2 re-

corded as "Not Voting."

The basis for the board action

is not entirely clear. It was

argued by some that the State

was acting arbitrarily in the ab-

sence 6f scientific data that the

use of marijuana was dangerous.

_ Others argued that there was an'

`invasion of privacy.

The minority argued that there

was sufficient information avail-

able to justify the exercise of

the police power and that the so-

called right of privacy was being

stretched beyond recognition.

There was similar disagree-

ment when the national policy

statement on removal of crimi-

nal penalties from the use and

possession of marijuana. The na-

tional statement argued that the

showings of legitimate govern-

ment interest "are neither clear

nor conclusive." It also suggested

that the penalties "may be sub-

ject to Constitutional objection

as cruel and unusual punish-

ment." It also claimed such sanc-

tions to be "unconstitutional in-

terventions into personal and

private rights."

MARCH, 1969

a jury that is given no standards

for determining what is a proper

case for the death penalty.

Unresolved Issues :

Judge Zirpoli argued that a

man should not be executed un-

til those constitutional issues

have been resolved. Since those

same issues are present in the

cases of virtually all of the men

on San Quentin's death row and

since the federal cases raising

those issues have all been con-

solidated before Judge Zirpoli,

Judge Zirpoli's decision in Mo-

desto should mean that the gas

chamber will remain inactive at

least for the next several months.

Massie Case

However, there is one problem:

the case of Robert Lee Massie.

Massie has been demanding that

the state execute him. An ACLU-

NC-NAACP/LDF petition urging

that Massie's death sentence be

vacated has been filed in the

State Supreme Court but Mas-

sie has filed a motion to dismiss

that petition.

Challenge to

San Rafael

Anti-Hippy Law |

A San Rafael "anti-hippy" law

has been held unconstitutional

by Marin Municipal Court Judge

Alvin H. Goldstein, Jr., in the

case of People v. Cox. The or-

dinance provides that a person

will be guilty of trespass if he -

remains on "business premises"

after being requested to leave

by the owner.

Unconstitutionally Vague

A number of exceptions are

enumerated in the ordinance, one

need not leave if the request is .

motivated by racial prejudice or

where compliance would result

in an interference with free

speech "NOT involving offensive

personal conduct." Judge Gold-

stein found the ordinance uncon-

stitutional because it legislates

in an area pre-empted by State

law.

No Standards. .

In reaching his conclusion

Judge Goldstein observed:

"The San Rafael ordinance

places an owner or lessee of

private property or business

premises in a position to ar-

bitrarily evict persons who are

legitimately there by. implied

invitation. Thus, a person

characterized as a `hippie' on

the premises for perfectly le-

gitimate purposes may be or-

dered off simply because of

the way he is dressed or be-

cause of the manner in which

he wears his hair. Should he

choose to remain, the ordin-

ance thereafter places upon

him the burden of proving that

he was lawfully on the prem-

ises. Neither the shopowner

nor the alleged `trespasser' is

provided an explicit standard

for determining the particular

conduct prohibited by the or-

dinance."

Appeal Taken

The District Attorney has ap-

pealed the decision to the Su-

perior Court of Marin County.

Briefs have been filed on both

sides and the matter will prob-

ably be argued this month. Mr.

Cox is represented by volunteer

attorney Stanley J. Friedman.

ACLU NEWS

Page 3

Legislative Report

Civil Liberties

Conflict in Six

Major Areas

After a month of frantic maneuvering, the Legislature

has settled down to business. The measures affecting civil

liberties already number over one hundred; several hun-

dred more are expected. This is how the major areas of con-

flict look near the end of February:

Schools |

More than 65 measures have

been introduced to "do some-

thing" about campus disturb-

ances. This is the single most

controversial issue so far. The

legislators seem content to leave

any imaginative and creative so-

lution to the school administra-

tors; nearly every bill seeks only

to punish. In two preliminary

skirmishes, the strength of the

punishers was impressive. =

Senate Concurrent Resolution

25, by Senator Stiern ( D-Kern

County) admonishes school ad-

ministrators to pursue criminal

penalties and disciplinary action

for all those guilty of several

criminal violations or any "ob-

struction" or "disruption." On

February 18 the measure passed

the Senate Judiciary Committee

unanimously.

On the same day a dangerous

measure, S.B..318, authored by

Senator Grunsky (R-Santa Cruz)

and co-authored by Assemblyman

Mulford (R-Piedmont), was con-

sidered by that committee. The

bill makes it a misdemeanor to

refuse to leave a campus, or to

return to campus, when one's

"consent" to be there has been

withdrawn. A campus adminis-

trative officer or his designee

may withdraw any person's con-

sent whenever "it reasonably ap-

pears to him that the presence

of such person may threaten the

orderly operation" of the com-

pus. ACLUNC opposed the meas-

ure because it is sure to stifle

free expression due to its vague-

ness and its broad sweep; be-

cause it condemns mere presence

not action; because it vests arbi-

trary, unreviewable power in a

subordinate officer; and because

it provides a handy tool for ex-

pelling students, and even firing

faculty, without: the slightest

semblance of due process. After

Assistant Staff Counsel Charles

Marson was accused of `"double-

talk" by Senator Clark Bradley

(R-San Jose), the measure was

sent out of committee favorably

by loud voice vote. Only sena-

tors George Moscone (D-San

Franciscento) and Anthony Beilen-

son (D-Los Angeles) audibly dis-

sented. If the bill survives the

Senate floor, as it undoubtedly

will, it will be considered in the

Assembly. It will encounter more

opposition there.

The Assembly Committee o

Education has created a special

sub-committee of three Republi-

cans and three Democrats to deal

with all measures concerning

campus unrest, and has some-

what euphemistically entitled it

the Subcommittee on Academic

Environment. This subcommittee

will consider most of the bills

that do not contain criminal

penalties; the Assembly Commit-

tee on Criminal Procedure will

consider most of the ones that

do. There are rumors of a joint

subcommittee, but this is not yet

settled. Currently the Subcom-

mittee on Academic Environment

is holding special hearings to

determine the nature of the

problem.

Obscenity

Nothing has happened yet on

the obscenity battleground; it is

as if the opposing forces are tak-

ing a deep breath before advanc-

ing. A number of measures have

been introduced to "tighten"

ACLU NEWS

MARCH, 1969

Page 4

s

existing obscenity laws. They

range from proposals to create

a double standard of obscenity

(one for adults, a stricter one

for children), to proposals to re-

move from the law the require-

ment that obscene matter must

be utterly without redeeming so-

cial importance. The former

stand a good chance of passage;

the latter are so flagrantly un-

constitutional that they probably

can be defeated. In March hear-

ings on these proposals will

begin. BS

Bail

In the field of bail, two op-

posing philosophies are headed

for collision. On the one hand, a

comprehensive system of liberal-

zing the entire bail structure to

make it more consistent with con-

stitutional principles and more

equitable for the poor is sched-

uled for introduction by Assem-

blyman Waxman (D-Los An-

geles). This measure, a replay

of a 1967 attempt by Senator

Moscone, has the strong support

of ACLUNC. On the other hand,

many members have introduced

legislation to make it a condition

of release on a "campus disturb-

ance" offense that the arrestee

may not return to the campus.

These measures are opposed by

ACLUNC on the ground that the

only constitutional purpose. of

bail is to ensure the attendance

of the defendant in court. Hear-

ings on these bills have not yet

been scheduled,

Electronic Eavesdropping

Assemblyman W. Craig Biddle

(R-Riverside) has introduced

A.B. 253, a bill permitting wire-

tapping and electronic eavesdrop-

ping in connection with most

major crimes. While Biddle's bill

is modeled after the federal act,

the law enforcement agencies are

unhappy with it because it does

not give them enough latitude;

they are preparing other ver-

sions. As with obscenity, the

_ battle is expected to be so vigor-

ous that all sides are still in the

process of preparation.

Marijuana

Assemblyman Z'Berg (D-Sac-

ramento) has introduced legisla-

tion that will, in effect, make re-

troactive a bill successfully spon-

`sored by Assemblyman Biddle

last year. Biddle's bill gave dis-

cretion to judges to declare first-

time marijuana possession a mis-

demeanor rather than a felony.

The Assembly Committee on

Criminal Procedure has suggest-

ed amendments to the bill, and

has tentatively indicated that the

bill will pass that committee by

a 5-4 vote.

In accordance with ACLUNC's

newly adopted policy on mari-

juana, legislation is being pre-

pared which will begin what

promises to be a long fight to

overturn existing marijuana laws

and to replace them with sensi-

ble regulatory measures. The

first bills in this program will

be introduced scon.

The Death Penalty

Assemblyman Sieroty (D-Bev-

erly Hills) has introduced. A.B.

15, a bill to abolish the death

penalty. Assemblyman Waxman

(D-Los Angeles) has authored

A.B. 37%, a measure to declare

a moratorium on executions un-

til the matter can be fully

studied. Both bills will be heard

on February 26 before the As-

sembly Committee on Criminal

Procedure. ACLUNC Staff Coun-

cil Paul Halvonik is scheduled

The Mulford Gap

From the depths of an abysmal

generation gap. Assemblyman

Don Mulford of Oakland has not

only called for draconian punish-

ment of student demonstrators

but has now overstepped the

bounds by threatening judges

who decline to hustle them into

jail for six months or other such

- terms as the law allows.

At his behest, judges from all

sections of the state were recent-

ly summoned to Sacramento for

a meeting with him and Assem-

blyman Frank Murphy, chairman

of the Criminal Procedure Com-

mittee. They were informed, by

Mulford himself, that those who

are guilty of leniency in such

eases will find themselves up

against "heavily financed oppo-

sition" when they next file for

re-election.

Some judges describe his re-

marks as overt intimidation and

a near-miss on blackmail. We

find them a flagrant attempt by

a legislator to interfere with the

judiciary and frighten some of

its members out of their constitu-

tionally endowed independence.

They represent a cynical viola-

tion of the separation-of-powers

principle and fly directly in the

face of efforts by the State Bar

and Gov, Reagan (through his

widely advertised `merit plan")

to remove the bench from politi-

cal pressures.

In this connection, it is highly

disquieting to learn that Mul-

ford issued his invitation to the

judges and threatened them with

dire retaliation after conferring

with two members of the gover-

nor's close official family-Ed-

win Meese III, his executive sec:

retary, and Alex Sheriffs, his ed-

ucation advisor. :

In this performance, Assem-

blyman Mulford presents an

amazing figure when, posing as

a champion of law and order, he

tries to bully the assembled

judges into repudiating the es-

tablished orderly processes of

trial courts.:- Editor the San

Francisco Chronicle.

High Court

Decision Aids

Law Book Case

A ruling by the U.S. Supreme

Court last month in the case of

William Joe Johnson that allows

a prison inmate to advise or as-

sist other prisoners in preparing

legal documents may be helpful

in an ACLUNC case pending in

the Federal Courts in San Fran-

cisco. That case involves a chal-

lenge of State prison action in

seriously limiting the use of legal

books by prisoners.

Three-Judge Court

`The ACLU requested a three-

judge Federal court to determine

the constitutionality of prison

regulations and that request was

upheld by the Court of Appeals.

When the U.S. Supreme Court

recently refused to hear the mat-

ter it meant that the three-judge

court will now be appointed and

the substance of the matter will

be considered.

Help Within Prison

In the Johnson case, the court

held that officials can limit the

time and place of prisoners as-

sisting in the preparation of

legal documents but unless the

State provides "some reasonable

alternative. to assist inmates"

they can seek help from other

convicts. "The initial burden of

presenting a claim to post-con-

viection relief,' said the Court,

"usually rests upon the indigent

prisoner himself with such help

as he can obtain within the pris-

On walls or the prison system."

to testify. Although their chances

of success are slight, the educa-

tional value of the hearings

should be high. Each year these

measures gain a little more sup-

port; eventually they will suc-

ceed.-Charles C, Marson, ACL-

UNC Legislative Representative.

Judge Told To

Give Students

Stiff Sentences

California judges have been

under pressure from Assembly-

man Don Mulford of Oakland to

hand out stiff sentences to "agi-

tators" convicted of offenses at

San Francisco State College and

other campuses. The Oakland

Tribune reported last month that,

after conferring with top aides

of Gov. Ronald Reagan, Mulford

invited judges to meet with him

in Sacramento. Apparently six

responded, all but one from Ala-

meda county. =

The Tribune claims the judges

were told `that if the situation

does not change, lenient judges

will find themselves with heavily

financed opposition the next time

they face the voters." Mulford is

also quoted as saying that "The

public wants to know why these

agitators are allowed to go back

on campus instead of going to

jail for six months." He opposed

releasing suspects on their own

recognizance while they are

awaiting trial and advocated re-

quiring them to post bail.

As far as can be ascertained,

the judges who attended the

meeting did not realize what they

were getting into and the same

seems to be true of Assembly-

man Frank Murphy of Santa

Cruz, chairman of the criminal

procedure committee, who was

also present.

The State Bar has not been

heard from on this invasion of

the rights of the Judiciary by a

legislator, but Mulford was roast-

ed in a San Francisco Chronicle

editorial which appears else-

where on this page.

Punitive

Induction

Halted

Federal District Court Judge

Stanley Weigel, on motion of

- Staff Counsel Paul Halvonik, has

issued an order temporarily re-

straining the induction of John

Seaman into the armed forces.

Seaman, a student at San Fran-

cisco Theological Seminary, was

reclassified from IV-D (divinity

student) to I-A by his Cincinnati

draft board after he returned

his draft card as a protest against

the war in Viet Nam. After he

was reclassified Seaman went to

Cincinnati and explained to his

local board that their action was

illegal; however, the board re-

fused to revise its decision, in-

stead issuing an order to report

for induction.

Judge Weigel's order halting

the induction was based on a

recent decision of the United

States Supreme Court. In that

case, Oestereich v. Selective Serv-

ice, Justice Douglas character-

ized as "lawless" the Selective

Service practice of reclassifying

divinity students who returned

their draft cards to protest the

war.

The first right of a citizen

Is the right

To be responsible

_fend themselves

`Beard' Appeal

Turned Down

By High Court

The California Supreme Court

has refused to review a Court of

Appeal decision holding that

actors performing Michael . Mc-

Clure's play "The Beard" can be

prosecuted for performing a

"lewd act." The petition to the

high court took the position that

the law against "lewd acts"

could not be used to prosecute

actors performing in a play that

was not obscene and further

argued that "The-Beard" is not

an obscene play.

The Supreme Court's decision,

from which Justices Peters, To-

briner and Mosk dissented, means

that the actors will have to de-

against the

"lewd act" charge in the Munici-

pal Court. It is the theory of the

prosecution that "The Beard's"

concluding scene, a simulated

act of oral intercourse, is a

"lewd act."

Fifteen Years

For Pvt. Sood

In `Mutiny' Case

Continued from Page 1-

to return over a loudspeaker lo-

cated fifty feet from the demon-

strators after their singing had

drowned out his reading of the

Mutiny Act. At Sood's court-

martial an acoustics expert tes-

back to Lamont at the time the

tified that Sood, who had his

order was given, could not have

heard Lamont over the singing

of his fellow demonstrators.

Nevertheless, the court-martial

board found that Sood had "in

concert with others" refused to

obey an order with the "intent

to override military authority."

After a six-day trial it took the

board, composed of four Lieu-

tenant Colonels and two full

Colonels, just thirty-five minutes

to decide that a mutiny had oc-

curred.

Two More Convictions

Following the verdict in Sood's

case, two other demonstrators,

Pvt, Larry Reidel and Pvt. Louis

Osezepinski were found guilty

of mutiny by a different court-

martial board and given fourteen

and sixteen year sentences, ~

Appeal Pending

ACLUNC will appeal Sood's

conviction and sentence on the

grounds that there is no evi-

dence that the demonstration

was a mutiny and that, in any

event, the sentence is too severe.

A request to reduce the sen-

tence has already been made to

General Stanley Larsen, Com-

mander of the Sixth Army. If ap-

peals within the military system

do not result in a reversal,

ACLUNC will take Sood's case

to the federal courts.

Halvonik was assisted at the

Sood trial by Captain Emmett

Yeary, a military lawyer.

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